Mr. Olney to Mr. Taylor.
Washington, May 13, 1896.
Sir: It appears from the correspondence between this Department and our consul at Sagua la Grande, Cuba, and the consulate-general at Habana, that on the 12th of April, 1896, William A. Glean and his brother, Lewis M. Glean, were arrested by the Spanish military authorities at the home of Lewis M. Glean, about half a league from the city of Sagua la Grande, upon the charge that they, with two other persons, were about to join the insurgent forces. It is charged that when the Gleans and their companions were arrested one of the companions (supposed to be Martinez, a Spaniard) hid himself and had a revolver on his person, and that two horses saddled and ready for use were found on the place. There is no allegation that either of the Gleans was armed, or that they were taken with arms in hand within the meaning of the protocol of January 12, 1877.
Without entering into consideration of the intentions of these two citizens of the United States, which appear from their sworn statements to have been entirely pacific, it is clear that they are entitled under the treaty of 1795 and the protocol of January 12, 1877, to trial upon the charges against them in the ordinary civil courts of the country, and that their detention by the military authorities has been in violation of that treaty and protocol.
The consul at Sagua la Grande and the consul-general have exhausted their efforts to obtain for these parties their right to civil trial, and the consul-general has recommended in a cable dispatch of the 9th instant that the matter be laid before the Spanish Government. You are therefore directed to bring the case to the attention of the Spanish foreign office, and to say that it is expected that prompt and effective measures will be taken to accord them the right of trial by the ordinary courts of the country as guaranteed by the treaty provisions above mentioned.
I am, etc.,